Privacy Notice

International Comfort Products and its parent, subsidiaries and affiliates (collectively, “ICP”), are committed to protecting the privacy of visitors to our websites (“Website”) and users of our mobile applications (“Apps”) and connected thermostats, controls, cameras and other products (collectively, “Connected Products”). It is important that our users understand how we collect, use and disclose Personal Information (as defined below). ICP has implemented technical, administrative and physical measures to safeguard any personal information that we may collect.

This Privacy Notice describes our practices related to Personal Information collected through ICP Websites, Apps, and Connected Products, in each case unless there is a separate privacy notice for a particular website, mobile application or product.

WHAT PERSONAL INFORMATION DOES ICP COLLECT? HOW DOES ICP COLLECT SUCH INFORMATION?

“Personal Information” is information relating to an identified or identifiable natural person.

Categories of Personal Information Collected

Contact Information, such as name, physical address, phone number and email address, which you or your contractor provides.
Basic Product Information, such as information about the product you are registering and the person/company that installed or maintains it, recommended products and other products that may be of interest to you, and setup information you or your contractor provides.
Automatically Collected Information from our Websites and Apps, such as user interaction data, device identifiers, IP address, MAC address, log files and location data (including geofencing, if available with your product and turned on). This may also include information about your home, such as square footage and year built. Please see “How Does ICP Use Cookies and Other Tracking Technologies?” and “How May ICP Use Location Data?” below for more information.
Automatically Collected Information from your Connected Products, such as environmental data from a thermostat or control’s sensors and video from cameras, heating and cooling usage information from connected HVAC equipment (including statuses and schedules), and other technical information from your product and connected equipment. Please see “Why Does ICP Collect Your Personal Information?” below.

We might need to collect other information for a specific form, feature, or other service that you may use or request. The content of such information will vary depending on the method of collection and the specific purpose(s) for which the information is being collected.

Your mobile or internet service providers may have a conflicting privacy notice or policy that permits them to capture, use and/or retain your Personal Information when you visit the Websites or use the Apps, but ICP is not responsible for and does not control how other parties may collect your Personal Information when you access the Websites or Apps.

WHY DOES ICP COLLECT YOUR PERSONAL INFORMATION?

ICP may collect, use and process your Personal Information in order to provide you with services, products or information that you request, conduct basic business operations and otherwise in accordance with this Privacy Notice, as you direct or with your consent.

If we collect other information for a specific form, feature, or other service that you may use or request, we will use the information for a purpose or purposes relevant to the particular form, feature or service. For information you provide, you will have the opportunity to decide whether or not to provide it. If you choose not to provide any of the Personal Information requested, ICP may be unable to complete your transaction, or provide the information, services or products you have requested. For information that is automatically collected, you can choose not to visit our Websites or use our Apps or Connected Products.

Except where used in support of a contract with you, to protect against fraud or investigate suspected or actual illegal activity or to fulfill or ensure compliance with a legal obligation, law enforcement investigation or regulatory request, our use of your Personal Information – whether contact information, basic product information, automatically collected information from our Websites and Apps or automatically collected information from your Connected Products – will be only for legitimate business interests as set out in this Privacy Notice.

We do not sell your Personal Information except with your explicit, up-front consent.

Contact, Basic Product and Automatically Collected Information from our Websites and Apps

Our purposes for collecting contact information, basic product information and automatically collected information from our Websites and Apps are to:

Make our products, services, Websites and Apps available to you, including to authenticate you as a user and allow you access to certain areas of our Websites, Apps or social media sites.
Improve our products, services, Websites and Apps, develop new offerings, provide customized services and content relevant to your specific needs and interests and, with respect to de-identified, aggregated information, for benchmarking, development of best practices and other research, statistical and marketing purposes.
Analyze your behavior on our Websites and Apps, improve and personalize user experience and better prepare future content and features based upon your interests and those of our general user population.
Communicate with you regarding product registration, product notifications, service reminders, requests to rate your HVAC contractor and review your products, and otherwise to market products and services that may be relevant to your HVAC needs.

Automatically Collected Information from Connected Products

Our purposes for collecting information from Connected Products are to:

Make the product and related Websites and/or Apps available to you in accordance with the applicable End User License Agreement. For example:
- Environmental data from the product’s sensors, such as current temperature in the room, is collected to help your thermostat or control keep you comfortable when you are home and save energy when you are away.
- Video is transmitted from cameras so you can monitor and record the environment within your camera’s view. ICP does not store or see your video or images.
- Heating and cooling usage, equipment status and schedules you set are collected to make features such as usage history, service notifications and scheduling available to you, and to help improve performance, diagnostics and service by your HVAC contractor.
- Other technical information such as product model and serial number, software version and battery charge level are collected to improve your experience over time and help troubleshoot any problem you may encounter with your product.
Improve our products and services, develop new offerings and, with respect to de-identified, aggregated information, for benchmarking, development of best practices and other research, statistical and marketing purposes.

If your Connected Product is installed in a jurisdiction that requires consent to data collection, by using the product, you consent to the data collection and usage outlined in this Privacy Notice and the applicable End User License Agreement.

WHERE IS PERSONAL INFORMATION STORED?

Because ICP is a global company with locations in many different countries, we may transfer your information from one legal entity to another or from one country to another within the ICP group of companies in order to accomplish the purposes listed above. These countries include, at a minimum, the United States, the member states of the European Union, the United Kingdom, Switzerland, Canada, and other countries, including some in Asia. We will transfer your Personal Information consistent with applicable legal requirements and only to the extent necessary for the purposes set out above.

ICP engages third-party service providers to provide data hosting, maintenance, management, support and other services. These third-party providers may be located in other countries than where you reside. ICP relies on available legal mechanisms to enable the legal transfer of Personal Information across borders (where required by applicable law). To the extent that ICP relies on the Standard Contractual Clauses (also called the Model Clauses) or Binding Corporate Rules to authorize transfer (where required by applicable law), ICP will comply with those requirements, including where there may be a conflict between those requirements and this Privacy Notice.

DOES ICP USE YOUR PERSONAL INFORMATION TO CONTACT YOU?

ICP may use the Personal Information you provide to contact you about products, services, promotions, special offers, surveys, and other information that may be of interest to you. If you prefer not to receive such communications, please use the “unsubscribe” function within the communication, Website or App, or let us know by sending an email to [email protected] with “UNSUBSCRIBE” as the subject line. Please note that if you unsubscribe from marketing communications, you may continue to receive communications about your account or transactions with us.

DOES ICP SHARE THE INFORMATION IT COLLECTS WITH THIRD PARTIES?

ICP may share your Personal Information with our affiliated companies, such as companies in ICP’s group of companies, and/or companies in which ICP has control, through either direct or indirect ownership, for the purposes set out above. When we do so, your Personal Information will be shared in accordance with our Binding Corporate Rules.

In addition, ICP will provide access to or share Personal Information on an as-needed basis with third parties, such as trusted service providers, consultants and contractors who are granted access to ICP facilities and systems or which provide services to ICP, and with government agencies and others as required by law. In particular, ICP will only share your Personal Information outside ICP to: Service providers, dealers, distributors, agents or contractors with whom ICP works or who service your equipment, such as your HVAC contractor. ICP is committed to contractually restricting third parties from using or disclosing the information except as necessary to perform services on our or your behalf or to comply with legal requirements;
Connect you with a local HVAC contractor, for example, when you use the Build a System or Find a Dealer features on our Website. If you request an appointment, the dealer you select may contact you to schedule an appointment and for their own direct marketing purposes;
Allow you to access or control your Connected Product using a third-party app when you enable such access from within our App, or otherwise at your request. If you choose to do this, the third-party app you enable may use your information in accordance with its own privacy policy and practices, and not this Privacy Notice;
Transfer automatically collected information from our Websites and Apps to online and app service providers such as Google, Facebook and others, for example when you click a link or open an app redirecting you to the third-party provider;
Comply with legal obligations, including but not limited to complying with tax and regulatory obligations, sharing data with labor/trade unions and works councils, and responding to a court proceeding or a legitimate legal request from law enforcement authorities or other government regulators;
Investigate suspected or actual illegal activity;
Prevent physical harm or financial loss; or
Support the sale or transfer of all or a portion of our business or assets (including through bankruptcy).

Your Personal Information will also be maintained and processed by our service providers in the United States, the member states of the European Union, the United Kingdom, Switzerland, Canada, Asia, and in other jurisdictions within an appropriate legal and contractual framework.

REQUESTING AN APPOINTMENT

A user may have the option to request an appointment with a contractor online. To submit an online appointment request, you are asked to provide Personal Information to receive a response or some other service. The Personal Information requested includes your name, mobile phone number, email address, and home address. The collection of information will be transparent to you – you will be asked for it and will have the opportunity to decide whether or not to provide it. If you choose not to provide any of the Personal Information requested, ICP may be unable to complete the transaction you have requested. Users who submit an appointment request will receive emails and text (SMS) messages about their appointment including acknowledgement, confirmations, status updates, and ratings and review requests. To opt-out reply with text STOP. Text (SMS) message & data rates may apply. ICP will use the home address you provide to search our product registration database for previously registered equipment and provide a list of this equipment, warranty coverage, and warranty service history to the contactor you selected. The contractor uses this information to provide you with enhanced levels of technical support.

RATINGS AND REVIEWS

You may be asked to provide ratings or reviews of our products and services, as well as those of your HVAC contractor. If posted publicly to our Websites or Apps, or on third-party platforms, your review could potentially identify you. Our general guidelines on ratings and reviews are as follows:

You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor) or create a review for anyone other than yourself. You alone are responsible for any material you may submit via our Websites (“Your Content”), and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ICP. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Content submitted by others (including any that may have been created by users employed or contracted by ICP) does not necessarily reflect the opinion of ICP. We reserve the right to remove, screen, edit, or reinstate such content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates the General Review Guidelines below. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works (including social media), creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of our Websites and any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against ICP and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use”; we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

General Review Guidelines

Inappropriate content: Threats, harassment, lewdness, hate speech, and other displays of bigotry are not permitted.
Conflicts of interest: Your contributions should be unbiased and objective. For example, you shouldn’t write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group. Business owners should not ask customers to write reviews.
Promotional content: Unless you are using your business account to add content to your business’s profile page, you shouldn’t submit promotional content.
Relevance: Please make sure your contributions are relevant and appropriate to the forum. For example, reviews should not be used to discuss a business’s employment practices, political ideologies, extraordinary circumstances, or other matters that do not address the core of the consumer experience.
Privacy: Don’t publicize other people’s private information. Please don’t post close-up photos or videos of other individuals without their permission, and please don’t post other people’s full names unless you’re referring to service providers who are commonly identified by or commonly share their own full names.
Intellectual property: All content must be your own.
Demanding payment: Beyond simply asking for a refund to remedy a bad experience, you should not use removing or posting your review as a way to extract payment from a business, regardless of whether you’ve been a customer.

HOW DOES ICP SECURE PERSONAL INFORMATION?

ICP is committed to protecting the security and integrity of Personal Information. ICP has adopted reasonable technical, physical, and administrative procedures to safeguard your Personal Information, including reasonable security features in its Connected Products. However, due to the nature of Internet communications, we cannot guarantee or warrant that transmission or storage of your Personal Information is secure.

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

The Personal Information you provide to ICP is only kept for as long as it is reasonably necessary for the purposes for which it was collected, taking into account our need to comply with contractual obligations, resolve customer service issues, comply with legal requirements and provide new or improved services to users. This means that we may retain your Personal Information for a reasonable period after you stopped using our Website, App or Connected Product. After this period, your Personal Information will be deleted from all systems of ICP without notice.

HOW CAN YOU CORRECT, CHANGE OR DELETE YOUR INFORMATION HELD BY ICP?

You may request to access, update, correct, change, or delete your Personal Information at any time. ICP will use reasonable efforts to timely update and/or remove your Personal Information. To protect the user’s privacy and security, ICP will take steps to verify the user’s identity before provided access or making any requested change. To access, update, correct, change, or delete your Personal Information, or to ask questions or raise concerns regarding data protection and privacy, please send an email to [email protected]. Some of our Websites, Apps, and social media accounts allow you to make corrections directly without need to further contact ICP.

Please note that while we will assist you in protecting your Personal Information as outlined in this Privacy Notice, it is your responsibility to protect your passwords and other access credentials from others.

HOW CAN YOU CHANGE YOUR APP OR CONNECTED PRODUCT PRIVACY PREFERENCES?

Depending on your particular product and App, you can go to the privacy preference settings within the App or contact [email protected]. If you use a third-party app, you will need to review the privacy settings within that app or contact the applicable third party.

WHAT SHOULD YOU UNDERSTAND ABOUT THIRD-PARTY LINKS, FEATURES AND SOLUTIONS THAT MAY BE USED ON OUR WEBSITES AND WITHIN OUR APPS AND EMAILS?

In some instances, ICP may provide links to and features from non-ICP controlled websites, and may integrate third-party solutions within our Website, Apps and emails to deliver a more streamlined experience. ICP does not control such third-party websites and solutions (whether linked or integrated within the Website), however, and is not responsible for the content or the privacy practices employed by third parties. Furthermore, this Privacy Notice does not govern information collected about you by third parties. The privacy policies of the following third parties featured or integrated within our Website, Apps and emails can be found by clicking the links attached to their respective names below:

Social Network Sites and Other Links

ecobee, Facebook, LinkedIn, SurveyMonkey, Twitter, YouTube, Yelp

Integrated Solutions

Appzi, CoreLogic, Crazy Egg, ecobee, Ecorebates, Evergage, Google, Heap, Salesforce

In addition, you may choose to enable access to Connected Product using a third-party app, which may then access your Personal Information and use it in accordance with the third party’s own privacy policies and practices. Please see “Does ICP Share the Information It Collects?” above.

HOW DOES ICP USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

Cookies

ICP may use cookies on this Website. Cookies are small text files sent to and stored on users’ computers. We use cookies to allow the Website to recognize repeat users, facilitate users’ access to the Website, and allow the Website to compile aggregate data that will allow content improvements. Cookies do not damage users’ computers or files. If you do not want cookies to be accessible by this or any other ICP Website, you should adjust the settings on your browser program to deny or disable the use of cookies. However, denying or disabling cookies or similar technology may prevent you from accessing some of our content or using some of the features on the Website. ICP may also use cookies and similar technology placed by one of our business or advertising partners to enable ICP to learn which advertisements bring users to our Website.

In addition, ICP monitors user traffic patterns throughout its Websites according to a user's domain name, browser type, date and time of access, pages viewed and other Website interactions. Our Web servers collect the domain names but not the email addresses of visitors. This information is collected in order to measure the number of visitors to our Website and to determine which areas of the Website users find useful based upon the amount of traffic to particular areas and other interactions with the Website. ICP uses this information to enhance users’ experience at the Website and to better prepare future content based on the interests of users.

Our Web servers automatically collect the domain names but not the email addresses of visitors. However, if you provide an email address or other Personal Information to us, we may tie your Personal Information with information collected via cookies.

Web Beacons

This Website may also use web beacons. A web beacon is usually a pixel on a website that can be used to track whether a user has visited a particular website to deliver targeted advertising. Web beacons are used in combination with cookies, which means that, if you turn off your browser's cookies, the web beacons will not be able to track your activity. The web beacon will still count as a website visit, but your unique information will not be recorded.

Information collected by web beacons may include IP address information (see below). Web beacon information is also used for:

Advertising and email auditing, and reporting;
Personalization;
Site traffic reporting; and
Unique visitor counts.

If you provide an email address or other Personal Information to us, we may tie your Personal Information with information collected via web beacons.

IP Addresses

An Internet Protocol (IP) address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

ICP may collect and keep track of IP addresses to, among other things:

Maintain Website safety and security;
Restrict access to our Websites to certain users;
Troubleshoot technical issues; and
Better understand how ICP Websites are used.

If you provide an email address or other Personal Information to us, we may tie your Personal Information with your IP address.

Log Files

ICP (or third parties on behalf of ICP) may collect information in the form of log files that are recording Website activities and statistics about web users' habits.

Log files are used for internal purposes only. By using log files, ICP can constantly improve and customize its Website and Apps.

The entries help us gather, among other things:

Internal marketing and demographic studies;
A user’s browser type and operating system;
Information about a user’s session (such as the URL, the date and time our Website was visited and which pages were viewed on our Website and for how long); and
Other similar navigational or click-stream data.

If you provide an email address or other Personal Information to us, we may tie your Personal Information with information collected via log files.

Social Network Information

Social network information is any information that you permit a third-party social network to share with us. Social network information includes any information that is part of your profile on a third-party social network. Such social networks may include, but are not limited to, Twitter, Facebook, YouTube.

To find out how your information from a social network may be obtained by us (or other third parties), please go on the settings page of the relevant social network. Furthermore, you acknowledge that we may use your Personal Information to match information with a social network for advertising purposes and otherwise tie your Personal Information with your social network information consistent with this Privacy Notice.

ICP cannot make assurances about the security of information that you share with third parties, including information you share with social media sites.

For more information about cookies and other tracking technologies, click here.

HOW MAY ICP USE LOCATION DATA?

Location data can generally be broken into two categories: static data, such as your current home address or zip code, and dynamic data, such as IP address, MAC address, GPS or similar technologies.

ICP uses static location data, such as your zip code, in the same ways as any other contact information.

ICP uses dynamic location data, such as IP or MAC address, as described above in the “Why Does ICP Collect Your Personal Information” and “How Does ICP Use Cookies and Other Tracking Technologies” sections.

Thermostat/control schedules and other presence data settings, such as whether your HVAC equipment is set to home or away, are used in the same ways as other automatically collected information from Connected Products.

In addition, if geofencing is available with your product and turned on, dynamic location data is used so your thermostat or control can adjust the temperature based on whether you (specifically, your mobile device) is within or outside the vicinity surrounding your home.

WHAT ADDITIONAL INFORMATION SHOULD SPECIFIC USERS KNOW?

Parents, Guardians, and Children: Our Apps and Websites are intended for visitors who are at least 18 years of age, or the age of majority in their jurisdiction of residence. ICP does not knowingly solicit information from, or market products or services to, children. If you do not meet the age requirements set out above, please do not enter your Personal Information on our Websites or Apps.

Users from California:

If you are a resident of California, effective January 1, 2020, you have certain rights under the California Consumer Privacy Act of 2018 (“CCPA”), including the right to:

know what categories of personal information about you we have collected and used, including how the personal information was collected and the purpose for the collection and use;
know what categories of personal information are being sold or disclosed to third parties and, if sold or disclosed, the categories of third parties receiving it;
access specific personal information collected about you; and
request that your personal information be deleted.

Requests to exercise rights under the CCPA are subject to verification by ICP and are also subject to certain restrictions provided by the CCPA. We will not discriminate against California residents for exercising any of their applicable CCPA rights. While California residents have the right to opt out of the sale of their personal information under the CCPA, ICP does not sell personal information to third parties except with your explicit, up-front consent. If our practices change, we will update this Privacy Notice and take any necessary action to comply with applicable law.

California residents who wish to exercise their CCPA rights can contact ICP at [email protected] or use the webform located here. You can also contact us at 1-833-617-0050. When contacting us to exercise your rights, please put “California Privacy Rights” in the subject and body of your request and describe the nature of your request.

Annually California residents may request and obtain information that ICP shared with other businesses for their own direct marketing use within the prior calendar year (as defined by California’s “Shine the Light Law”). If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which ICP shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to [email protected] with “California Shine the Light Privacy Request” in the subject line as well as in the body of your message.

Users from the European Union and other countries with privacy laws: You have the right to lodge a complaint with your national or state data protection authority, which may also be known as a supervisory authority. You also have the right to: (i) request access to and correction or erasure of your Personal Information; (ii) seek restrictions on; or (iii) object to the processing of certain Personal Information, and seek data portability under certain circumstances. To contact ICP about a request to access, correct, erase, object or seek restrictions or portability, please use the contact methods indicated at the end of this Privacy Notice.

How might ICP change this Privacy Notice?

As ICP expands and improves its Websites, Apps and Connected Products, or as legal requirements change, we may need to update this Privacy Notice. This Privacy Notice may be modified from time to time without prior notice. The date of the latest version will be identified at the bottom of the notice. We encourage you to review this Privacy Notice on a regular basis for any changes.

HOW CAN YOU CONTACT ICP?

If you have any comments or questions about this Privacy Notice or about ICP’s privacy practices in general, or if you wish to access, update, correct, change or delete your Personal Information, please email [email protected].

In the event that you are located in a country that is governed by the General Data Protection Regulation and would like to contact the local Data Protection Officer, please note that in your email and your inquiry will be directed to the appropriate person. If you wish to opt-out from sharing your Personal Information with us or have your Personal Information be removed, you should follow this link.

Last updated on January 1, 2020

Terms of Service

United Technologies Corporation's subsidiaries and affiliates that operate under the UTC Climate, Controls & Security reporting unit (collectively, “CCS”), as well as its licensors, suppliers, and service providers (collectively, “CCS Suppliers”) provide: (1) a CCS user account website that may be accessed via their websites (each, a “Site”), (2) services accessible through the Site (“Web App”), and (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), all for use in conjunction with CCS hardware products (“Products”) and any underlying software necessary to support the Products. The term “Services” means the Site, Web App, and Mobile Apps.

These Terms of Service (“Terms”) govern your access to and use of the Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.

AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

1. Overview, Eligibility, Customer Service, Term and Termination, Suspension of Services

(a) Overview and Relation to Other Agreements. These Terms govern your use of the Services. Your purchase of any Product is governed by the limited warranty provided with that Product (“Limited Warranty”) and may further be governed by that Product’s Terms and Conditions of Sale. The software embedded in that Product (and any updates thereto) (“Product Software”) is licensed and governed by that Product’s End User License Agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All additional guidelines, terms, or rules, and the Privacy Statement set forth below (“Privacy Statement”), are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services.

(b) Eligibility. You may use the Services only if you can form a binding contract with CCS, and if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by CCS.

(c) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact CCS at:

UTC Climate, Controls & Security
One Carrier Place
Farmington, CT 06032
1-800-Carrier (1-800-227-7437)

(d) Term; No Transfer. These Terms will remain in full force and effect so long as you continue to access or use the Services. At any time, CCS may suspend or terminate your rights to access or use the Services, for any reason, including, but not limited to situations in which CCS in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with CCS.

(e) Effect of Termination. Upon CCS’s termination of your rights to access or use the Services, your Account will terminate immediately.

2. Accounts

To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You may not use another user’s account without the express permission of the account holder. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify CCS of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. CCS is not liable for any loss or damage arising from your failure to comply with the above requirements.

3. Access to Services

(a) Access and Use. Subject to these Terms, CCS grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Web App in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by CCS for your use (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.

(b) Automatic Software Updates. CCS may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates CCS provides. Your continued use of the Services and the Product is your agreement (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software.

(c) Interface to Third Party Products and Services. Over time, CCS may provide the opportunity for you to interface the Products and Services to one or more third party products and services, through and using the Services (“Third Party Products and Services”). You will decide whether and with which Third Party Products and Services you want to interface. Your explicit consent and authorization will be required for this interface, and will be revocable by you at any time. Once your consent is given for a particular Third Party Product and Service, you agree that CCS may exchange information and control data regarding you and your products, including your personally identifiable information, in order to enable the interface you have authorized. This information will be secured and subject to the Privacy Statement.

(d) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by CCS; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

(e) Open Source. Certain items of independent, third party code may be included in the Web App and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

(f) Privacy Policy. Please review the Privacy Policy at www.myobservercomfort.com/legal . The Privacy Policy describes practices regarding the information that CCS may collect from users of the Products and Services.

(g) Security. CCS cares about the integrity and security of your personal information. However, CCS cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

(h) Modification, Suspension or Discontinuance of Any Service. CCS reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that CCS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

(i) Access Outside Certain Countries. Although the Site is accessible worldwide, the Products and Services provided or accessed through or on the Site are not available to all persons or in all countries. If you choose to access the Site from outside a country in which CCS supports the Product and Services (“Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use in a non-Target Country and some or all of the features of the Site may not work or be appropriate for use in such a country. To the extent permissible by law, CCS accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site in a non-Target Country. You will be bound by these Terms wherever you access or use the Site or use the Services.

4. Agreed Usage and Limitations of CCS Services

(a) Intended Use of CCS Services. The Services are intended to be accessed and used for non-time-critical information and control of CCS products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond CCS’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that CCS is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.

(b) No Life-Safety or Critical Uses of the Services. You acknowledge that the Products and Services are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – CCS DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, CCS customer service and support contacts are not intended to be and cannot be considered to be a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

(c) Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR CCS PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by CCS on what to do in an emergency is based on authoritative safety sources, but there is no way for CCS to provide specific information relating to a situation in your home. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

(d) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. CCS does not offer any specific uptime guarantee for the Services.

(e) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by CCS. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

(f) Energy Savings and other Benefits. Unless explicitly promising a “guarantee,” CCS does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond CCS’s control or knowledge. From time to time, CCS may use the Services to provide you with information that is unique to you and your energy usage and suggest an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Services. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from CCS if your savings differ.

(g) The Services provide you information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.

5. Limitations of CCS Services Due to Third Parties.

(a) General. CCS Services rely on or interoperate with third party products and services. These third party products and services are beyond CCS’s control, but their operation may impact or be impacted by the use and reliability of the CCS Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the CCS Services operate, and (iii) CCS is not responsible for damages and losses due to the operation of these third party products and services.

(b) Third Party Service Providers Used By CCS. You acknowledge that CCS uses CCS Suppliers and/or third party services providers to enable some aspects of the Services – such as, for example, data storage, synchronization, communication, and mobile device notifications through mobile operating system vendors and mobile carriers. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.

(c) Equipment, ISP, and CCS. You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“MDC”). You acknowledge that you are responsible for all fees charged by your ISP and MDC in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and MDC.

(d) Third Party Products and Services that Work With CCS Services. CCS may provide the opportunity for you to interface to Third Party Products and Services. These Third Party Products and Services are not CCS products and services and you agree that CCS is not responsible for damages or loss that may be caused by them.

(e) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., an “App Store” or “App Market” (each an “App Store”). You acknowledge that these Terms are between you and CCS and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

(f) Third Party Website Links and Referrals. The Site may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. CCS provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites and/or Referred Vendors is at your own risk.

(g) Release Regarding Third Parties. CCS is not responsible for third parties or their products and services, including the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and MDCs. You hereby release CCS and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

6. Ownership and Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Site, Web App, and Mobile Apps) are owned by CCS or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. CCS and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you make copies or incorporate any of the content of the Services into any other work, including your own web site without the written consent of CCS. You must have a license from us before you can post or redistribute any portion of the Services. CCS retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

All information, files, graphics, images, documentation, communications and any other materials (except Feedback, (defined below) that users choose to submit to the Site (collectively, “User Submissions”) are understood to be submitted voluntarily and will not be considered confidential or proprietary.

CCS does not claim ownership of User Submissions. However, by submitting, uploading, posting, or transmitting User Submissions and personally identifiable information on areas of the Site, you grant to CCS a worldwide, royalty-free, non-exclusive, sublicensable license to use, distribute, reproduce, modify, adapt, create derivative works of, publish, translate, publicly perform and publicly display those User Submissions in accordance with these Terms of Service and our Privacy Policy.

You are solely responsible for all User Submissions uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available to the site. CCS reserves the right to determine whether any User Submission is appropriate and in compliance with these Terms of Service, and may pre-screen, monitor, filter, restrict, block, move, refuse, modify or remove User Submissions at any time in its sole discretion, without prior notice. CCS does not guarantee the security or availability of any User Submissions transmitted or stored using the Site, and makes no representations that it will monitor access to or use of the Site.

You may choose to, or CCS may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place CCS under any fiduciary or other obligation. You irrevocably assign to CCS all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from CCS and, to the extent allowed by applicable law, you waive all moral rights you may have in the Feedback. CCS may use, copy, modify, publish, or redistribute the submission and its contents for any purpose. You also agree that CCS does not waive any rights to use similar or related ideas previously known to CCS, developed by its employees, or obtained from other sources.

7. Indemnity

You agree to indemnify and hold CCS and CCS Suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms. CCS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CCS and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without CCS’s prior written consent. CCS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. Warranty Disclaimers

(a) THE WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE END USER LICENSE AGREEMENT, RESPECTIVELY.

(b) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND CCS AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

(c) CCS AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCS OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

9. Limitation of Liability

Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CCS, OR CCS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF CCS OR CCS SUPPLIERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CCS’S OR CCS’S SUPPLIERS TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO CCS OR CCS’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CCS DISCLAIMS ALL LIABILITY OF ANY KIND OF CCS’S LICENSORS AND SUPPLIERS.

10. Disputes

(a) Contact CCS First. If a dispute arises between you and CCS, our goal is to learn about and address your concerns. You agree that you will notify CCS about any dispute you have with CCS regarding these Terms by contacting CCS.

(b) Jurisdiction. The laws of the State of Connecticut, United States govern these Terms and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the State of Connecticut for any action arising out of or relating to these Terms.

11. General

(a) Changes to these Terms. CCS reserves the right to make changes to these Terms. You should ensure that you have read and agree with our most recent terms of service when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

(b) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, CCS may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

(c) Entire Agreement/Severability. These Terms constitute the entire agreement between you and CCS regarding the use of the Services. Any failure by CCS to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

(d) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without CCS’s prior written consent. These Terms may be assigned by CCS without restriction. These Terms are binding upon any permitted assignee.

(e) Notifications. CCS may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site. CCS is not responsible for any automatic filtering you or your network provider may apply to email notifications.

(f) Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

(g) Copyright/Trademark Information. Copyright © 2015, Carrier Corporation. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of CCS or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of CCS or such respective holders. CCS reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.

Last Updated: September 2015.

End User License Agreement

This End User License Agreement (“Agreement”) is a binding agreement between you (“you”) and International Comfort Products (“Company”). This Agreement governs your use of the Product software and App. The App is licensed, not sold, to you. BY CLICKING THE “AGREE” OR “ACCEPT” BUTTON WHEN PROMPTED, WHETHER UPON INSTALLATION OF THE PRODUCT, DOWNLOAD OF THE APP, OR REGISTRATION OF AN APP ACCOUNT, OR BY OTHERWISE USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL THE PRODUCT, DOWNLOAD THE APP, REGISTER AN APP ACCOUNT OR OTHERWISE USE ANY PART OF THE APP.

IF YOU ARE A CONTRACTOR ACCEPTING THIS AGREEMENT ON BEHALF OF A CONSUMER, YOU REPRESENT YOU HAVE THE CONSUMER’S CONSENT TO ACCEPT IT ON THEIR BEHALF.

License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:
1. download, install and use the Observer™ System Control (“Product”) software and all related software in connection with your personal, non-commercial use of the Product, strictly in accordance with all related Product documentation;
2. download, install, access and use the My Observer^SM Mobile Application and any related software and applications (with all related documentation, collectively, “App”) for your personal, non-commercial use on our Website (as defined in Section 5) and on a single mobile device owned or otherwise controlled by you (“Mobile Device”), strictly in accordance with the applicable Website terms available at https://www.myobservercomfort.com/legal#terms-of-service (“Terms of Use”) and all related mobile application documentation; and
3. access, stream, download and use on our Website and on your Mobile Device any Content (as defined in Section 5) made available in or otherwise accessible through the App, strictly in accordance with this Agreement and our Website Terms of Use applicable to such Content as set forth in Section 5.
License Restrictions: You will not:
1. copy the App, except as expressly permitted by the license set forth in this Agreement;
2. modify, translate, adapt or otherwise create derivatives works or improvements, whether or not patentable, of the App;
3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
4. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;
5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
6. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App.
Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information; Equipment Settings. You understand and acknowledge that when you download, install or use the App, Company may use automatic means (including, for example, wired or wireless connections, cookies, web beacons and other technologies) to collect and store information about your connected HVAC equipment (“Connected Equipment”), your Mobile Device and your use of the App to Company’s servers. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the App or certain of its features or functionality, and the App may share information about you with others, such as an HVAC contractor. All information collected through or in connection with this App is subject to our Privacy Notice available at https://www.icpusa.com/en/us/legal/privacy-notice/ (“Privacy Notice”). By downloading, installing, using and/or providing information to or through this App, you hereby grant Company a non-exclusive, perpetual, irrevocable, sub-licensable license, in accordance with the Privacy Notice, to use Customer Data (i) in connection with making the Product and App available to you, (ii) to help improve performance, diagnostics and service by an HVAC contractor, (iii) to improve our products and services, including to develop new offerings, and (iv) to create and compile de-identified, aggregated datasets and/or statistics for the purposes of benchmarking, development of best practices and other research, statistical and marketing purposes (“Company Derivative Works”). All such Company Derivative Works shall be exclusively owned by Company. “Customer Data” means all user information, test information, data, test analyses and results, and other information and data input by or on behalf of you into the App and all information and data that is generated, produced and reported through use of the Connected Equipment by or on behalf of you. You further consent to the remote adjustment of Connected Equipment settings by Company or an HVAC contractor from time to time to help improve performance, diagnostics and service of your Connected Equipment. Company will use reasonable efforts to provide advance notice of such remote adjustments that it makes.
Content. The App may provide you with access to Company’s website(s) (collectively, “Website”), and products and services accessible thereon, and certain features, functionality and content accessible on or through the App may be hosted on the Website (collectively, “Content”). Your access to and use of such Content is governed by the Website Terms of Use and Privacy Notice, which are incorporated herein by this reference. Your access to and use of such Content may require you to acknowledge your acceptance of such Terms of Use and Privacy Notice and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
Geographic Restrictions. The Content is based in the United States and provided for access and use only by persons located in the United States and Canada. You acknowledge that you may not be able to access all or some of the Content outside of the United States and Canada and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside of the United States or Canada, you are responsible for compliance with local laws.
Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Depending on your Product, Connected Equipment and/or Mobile Device settings, when your Product, Connected Equipment and/or Mobile Device connects to the internet, (a) the App may automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
Third-Party Providers and Materials.
1. Portions of the App may be hosted, maintained and/or otherwise supported by third-party providers. Company is not responsible for third-party providers, including their failure to host, maintain or otherwise support the App for any period of time. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party hosting, maintenance or other support of the App.
2. The App may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms of use.
Term and Termination. The term of this Agreement commences when you first download or install any portion of the App and continues in effect until terminated by you or Company as set forth in this Section. You may terminate this Agreement by deleting/uninstalling the App and all copies thereof from your Mobile Device, and removing/uninstalling the Product. Company may terminate this Agreement with respect to any web or mobile applications or related software, at any time without notice if it ceases to support all or part of such applications or related software. In addition, this Agreement will terminate in its entirety, immediately and automatically, without any notice, if you violate any of the terms of this Agreement. Upon termination, (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the App, including by deleting/uninstalling all copies from your Mobile Device and removing/uninstalling the Product. Termination will not limit any of Company’s rights or remedies at law or in equity.
Disclaimer of Warranties. THE APP AND ANY CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP OR ANY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE, RELIABILITY OR AVAILABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR ANY CONTENT FOR:
1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND
2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP (EXCLUDING, FOR PURPOSES OF CLARITY, ANY AMOUNT(S) PAID FOR THE PRODUCT AND/OR CONNECTED EQUIPMENT).
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement.
Export Regulation. The App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You agree not to, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You further agree to comply with all applicable U.S. laws, regulations and rules, and to complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside of the U.S.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in the City of Indianapolis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement, the Website Terms of Use and Privacy Notice, constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right under this Agreement will operate as a waiver of such right, nor will any single or partial exercise of any right under this Agreement preclude further exercise of that or any other right under this Agreement. To the extent of a conflict between this Agreement and any other applicable terms, the terms of this Agreement will govern.